Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this National Day of Prayer, we thank You for the privilege of joining others in prayer throughout our land. We commend our Nation to Your merciful care, that we may live securely in peace and may be guided by Your providence. Give all in authority the wisdom to know Your will and to do it. Make us always to remember the generosity with which You have blessed us. Bless our Nation with growing industry, progressive education, and an honorable way of life. Save us from violence, discord and confusion, from pride and arrogance and from an evil course of action.
May our Nation always be: "One Nation under God." Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of Chris Hitopoulos of Richland county, which was agreed to.
The following was received.
Columbia, S.C., May 6, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 130:
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 276 -- Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1229 -- Senators Martin, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE EARLE E. MORRIS, JR., A NATIVE SON OF PICKENS COUNTY, FOR FOUR DECADES OF OUTSTANDING LEADERSHIP AND PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, A MEMBER OF THE SENATE, LIEUTENANT GOVERNOR, AND COMPTROLLER GENERAL, AND EXTENDING HIM BEST WISHES UPON THE OCCASION OF HIS RETIREMENT.
Whereas, the members of the General Assembly have learned that the Honorable Earle E. Morris will retire at the end of his present term as Comptroller General after four decades of public service to the State of South Carolina; and
Whereas, the Honorable Earle E. Morris is a graduate of Pickens High School and a 1949 graduate of Clemson University; and
Whereas, the Honorable Earle E. Morris will be remembered as one of the great public servants of the present century who paved the way and prepared this State for the move into our next century; and
Whereas, the Honorable Earle E. Morris was first elected to public office as a member of the House of Representatives in 1950 at the age of 21 where he served until 1954; and
Whereas, the Honorable Earle E. Morris was elected to the South Carolina Senate in 1954 and served until 1970; and
Whereas, the Honorable Earle E. Morris was elected Lieutenant Governor in 1970 and served until 1975; and
Whereas, the Honorable Earle E. Morris was elected Comptroller General by the General Assembly on June 16, 1976, to fill the unexpired term of J. Henry Mills; and
Whereas, the Honorable Earle E. Morris was elected by the people of South Carolina as Comptroller General on November 7, 1978, and was re-elected to four consecutive terms and served a total of twenty years as Comptroller General; and
Whereas, the Honorable Earle E. Morris is a Retired Commander, Major General, South Carolina State Guard and the past President of the South Carolina National Guard Association; and
Whereas, the Honorable Earle E. Morris was a Delegate for the Southern Democratic Convention for thirty-six years (1950-86) and attended the National Democratic Convention in Chicago in 1952 and as a Delegate in 1956 and 1968; and
Whereas, the Honorable Earle E. Morris was prestigiously named Who's Who in the South, Who's Who in America, Who's Who in Government and Who's Who in the World; and
Whereas, the Honorable Earle E. Morris received honorary degrees for his distinguished public service from the University of South Carolina, the Medical University of South Carolina, Lander University, Clemson University, The Citadel, Francis Marion University, Central Wesleyan College, South Carolina State University, University of Charleston and Winthrop University; and
Whereas, the Honorable Earle E. Morris is past President of the National Association of State Comptrollers, past Chairman of the Governmental Accounting Standards Advisory Council, past President of the National Association of State Auditors, Comptrollers and Treasurers and is Chairman of Carolina Investors, Inc., and a member of the Board of Visitors for Charleston Southern University; and
Whereas, the Honorable Earle E. Morris received the 1997 Living Legend Award by the South Carolina Historical Society, the 1995 Frank Greathouse Distinguished Leadership Award by the National Association of Government Accountants, the Highest Effort Award for Government by Sigma Alpha Epsilon National Fraternity and was named 1993 Nation's Most Valuable Public Official by City and State Magazine and other awards and affiliations too numerous to mention by this resolution; and
Whereas, the Honorable Earle E. Morris is a true and selfless public servant who has always put the people of South Carolina first when planning and conducting business as a dedicated leader of this great State; and
Whereas, the Honorable Earle E. Morris will be sorely missed by the members of the General Assembly and the citizens of South Carolina who know him as a great leader. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Earle E. Morris, Jr., for four decades of outstanding leadership and public service to the State of South Carolina and extend him best wishes upon the occasion of his retirement.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Earle E. Morris, Jr.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee.
S. 759 -- Senator McConnell: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Howard Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand Meacham Miller Moody-Lawrence Neilson Phillips Pinckney Rhoad Rice Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 7.
Jennings G. McAbee John W. Riser Lanny F. Littlejohn C. Anthony Harris, Jr. C. Alex Harvin III Victoria T. Mullen Robert E. Walker Daniel L. Tripp Joseph H. Neal Joe McMaster Alma W. Byrd Lynn Seithel George H. Bailey Larry L. Koon John G. Felder J. Michael Baxley
LEAVES OF ABSENCE
The SPEAKER granted Rep. TOWNSEND a leave of absence for the day.
The SPEAKER granted Rep. JORDAN a leave of absence for the remainder of the day.
The SPEAKER granted Rep. BAXLEY a temporary leave of absence.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 6.
Rep. WILKES signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 6.
Rep. JORDAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 6.
Rep. MOODY-LAWRENCE signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Wednesday, May 6.
Rep. GOVAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 6.
Reps. HARVIN, KENNEDY and YOUNG presented to the House the Lawrence Manning Academy Swampcats Football Team, S.C. Independent School Athletic Association Division III Champions, their coaches and other school officials.
Reps. HARVIN, KENNEDY and YOUNG presented to the House the Lawrence Manning Academy Swampcats Varsity Girls Basketball Team, S.C. Independent Schools Athletic Association Division AAA Champions, their coaches and other school officials.
Rep. BAILEY and the Dorchester County Delegation presented to the House the Pinewood Preparatory School "Panthers" Boys Basketball Team, S.C. Independent School Association 1997-98 AAA State Champions, their coaches and other school officials.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5103 -- Reps. Miller and T. Brown: A BILL TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS.
H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: A BILL TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1196 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS SCHOOL DISTRICTS 55 AND 56, SO AS TO CHANGE THE BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 TO CONFORM THEM WITH THE TRANSPORTATION LINES ESTABLISHED IN 1977 BY AN AGREEMENT BETWEEN THE BOARDS OF TRUSTEES FOR THE DISTRICTS.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
The following Bill was taken up.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Rep. CATO moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. HARRELL moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 1186 -- Senators Hutto and Lander: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
Rep. BARRETT moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.
Rep. HARRELL moved to adjourn debate upon the following Joint Resolution until Tuesday, May 12, which was adopted.
S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 843 -- Senators Peeler, Reese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS.
The following Bill was taken up.
H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7402AC.98).
Amend the bill, as and if amended, by deleting all before the enacting words and after the title and inserting:
/Whereas, the General Assembly finds that in 1990, in Employment Division v. Smith, 494 U.S. 872 (1990) the United States Supreme Court virtually eliminated the requirement that government justify burdens on the exercise of religion imposed by laws neutral toward religion. In response to this, Congress, in 1993, enacted the Religious Freedom Restoration Act which codified the compelling interest test set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), as a workable test for striking sensible balances between religious liberty and competing governmental interests. However, in 1997 in the case of City of Boerne v. P. F. Flores, 117 S. Ct. 2157 (1997) the United States Supreme Court struck down the Religious Freedom Restoration Act and held that Congress infringed on the legislative powers reserved to the states under the Constitution of the United States, accordingly, leaving such matters to be addressed by the states.
Whereas, the General Assembly further finds that the free exercise of religion is an inherent, fundamental, and inalienable right secured by Article I, Section 3 of the Constitution of this State; that laws 'neutral' toward religion, as well as laws intended to interfere with the exercise of religion may burden the exercise of religion; and that the State or any political subdivision of the State should not substantially burden the exercise of religion without compelling justification. Now, therefore,/
Amend the bill further by deleting all after the enacting words and inserting:
/SECTION 1. Title 1 of the 1976 Code is amended by adding:
Section 1-32-10. This chapter may be cited as the South Carolina Religious Freedom Restoration Act.
Section 1-32-20. In this chapter:
(1) 'Demonstrates' means meets the burdens of going forward with the evidence and of persuasion.
(2) 'Exercise of religion' means an act or refusal to act that is substantially motivated by religious belief, whether or not the religious exercise is compulsory or central to a larger system of religious belief.
(3) 'State' means the State of South Carolina and any political subdivision of the State and includes a branch, department, agency, board, commission, instrumentality, entity, officer, employee, or official of the State or a political subdivision of the State.
Section 1-32-30. The purposes of this chapter are to:
(1) restore the compelling interest test as set forth in Wisconsin v. Yoder, 406 U.S. 205 (1972), and Sherbert v. Verner, 374 U.S. 398 (1963), and to guarantee that a test of compelling state interest will be imposed on all state and local laws and ordinances in all cases in which the free exercise of religion is substantially burdened; and
(2) provide a claim or defense to persons whose exercise of religion is substantially burdened by the State.
Section 1-32-40. The State may not substantially burden a person's exercise of religion, even if the burden results from a rule of general applicability, unless it demonstrates that application of the burden to the person is:
(1) essential to further a compelling state interest; and
(2) the least restrictive means of furthering that compelling state interest.
Section 1-32-50. If a person's exercise of religion has been burdened in violation of this chapter, the person may assert the violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the State. If the person prevails in the proceeding, the court shall award the person attorney's fees and costs.
Section 1-32-60. (A) This chapter applies to all state and local laws and ordinances and the implementation of those laws and ordinances, whether statutory or otherwise and whether adopted before or after July 1, 1998.
(B) Nothing in this chapter may be construed to authorize the State to burden any religious belief.
(C) Nothing in this chapter may be construed to affect, interpret, or in any way address:
(1) that portion of the First Amendment of the United States Constitution prohibiting laws respecting an establishment of religion;
(2) that portion of Article 1, Section 2 of the State Constitution prohibiting laws respecting an establishment of religion.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1069 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Rep. YOUNG made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
Rep. McLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5117 -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. NEILSON explained the Joint Resolution.
On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 5117 be read the third time tomorrow.
The following Bill was taken up.
S. 1126 -- Senators Leventis and Land: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; AND TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 5127 -- Reps. Boan, Riser, Neilson and McGee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. NEILSON moved to commit the Joint Resolution to the Committee on Ways and Means, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE; PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC CHARITIES SECTION OF THE OFFICE OF THE ATTORNEY GENERAL'S OFFICE ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO TRANSFER ALL PERSONNEL ORIGINALLY TRANSFERRED FROM THE SECRETARY OF STATE'S OFFICE AND STILL EMPLOYED BY THE ATTORNEY GENERAL IN THE PUBLIC CHARITIES SECTION, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE PUBLIC CHARITIES SECTION TO THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT.
Rep. HARRELL moved to adjourn debate upon the Senate amendments until Tuesday, May 12, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Rep. J. BROWN proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\21533AC.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-41-345. A female who is pregnant, unmarried, and under eighteen years of age shall attend and complete a pregnancy prevention education course which includes, but is not limited to, instruction on birth control methods and sexually transmitted diseases. The content of these pregnancy prevention education courses must be specified by the Department of Health and Environmental Control and conducted without charge by the several county health departments of this State. Health care professionals who are providing care to these females shall refer them to the appropriate county health department and inform them that attendance and completion of this course is a required component of their care."
SECTION 2. The Department of Health and Environmental Control shall conduct a study and report to the General Assembly on the cost to develop and implement a pregnancy and sexually transmitted disease prevention education program for males. This report must be submitted to the General Assembly on or before January 1, 1999.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. BROWN explained the amendment.
Rep. HASKINS moved to adjourn debate upon the Senate amendments, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Rep. KLAUBER explained the Senate amendment.
Rep. KIRSH raised a Point of Order that under Rule 4.8, the Speaker in his discretion may commit S. 22 to a committee.
SPEAKER WILKINS stated that the rule applied to House Bills which are sent to the Senate and are amended substantially. He stated further that since S. 22 originated in the Senate, the rule did not apply and he therefore overruled the Point of Order.
Rep. KLAUBER continued speaking.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4943 -- Reps. Whatley, Phillips, Fleming, McCraw, Limehouse, Whipper, Felder, Cotty, Beck, Leach, Klauber, Seithel, Lanford, Bailey, Vaughn, Young-Brickell, Keegan, Kelley, Woodrum, Stille, Davenport, Young, Haskins, Rodgers, Edge, Law, Riser and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-17-75 SO AS TO REQUIRE THAT WHEN A LOSING CANDIDATE PROTESTS AN ELECTION ON ANY GROUNDS, OTHER THAN ON THE DISPARITY OF THE NUMBER OF BALLOTS CAST, THAT CANDIDATE MUST PAY ALL COSTS ASSOCIATED WITH THE PROTEST TO THE WINNING CANDIDATE IF THE BOARD HEARING THE PROTEST DETERMINES THAT THE PROTEST IS FRIVOLOUS AND WITHOUT MERIT.
The following Concurrent Resolution was taken up.
S. 1065 -- Senators McConnell, Branton, Ravenel, Mescher, Ford, Grooms and Passailaigue: A CONCURRENT RESOLUTION TO APPROVE THE CHARLESTON MUSEUM AS THE SITE FOR PERMANENT DISPLAY AND EXHIBITION OF THE H.L. HUNLEY.
Rep. EASTERDAY moved to adjourn debate upon the Concurrent Resolution until Tuesday, May 12, which was adopted.
The following Concurrent Resolution was taken up.
S. 1216 -- Senators J. Verne Smith, Peeler, Leatherman, Cork and Ryberg: A CONCURRENT RESOLUTION TO APPROVE THE PROPOSAL FOR THE AFRICAN-AMERICAN HISTORY MONUMENT, SUBJECT TO FURTHER APPROVAL OF CERTAIN DETAILS, BY THE STATE HOUSE COMMITTEE.
Rep. HARRELL moved to adjourn debate upon the Concurrent Resolution until Tuesday, May 12, which was adopted.
The motion period was dispensed with on motion of Rep. CROMER.
Rep. BARRETT moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Rep. SANDIFER moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
The following Bill was taken up.
S. 547 -- Senators Matthews, Patterson and Washington: A BILL TO AMEND TITLE 34 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 30 SO AS TO CREATE THE SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS COMMISSION, WHICH SHALL EXIST FOR THE PURPOSE OF CERTIFYING ENTITIES AS COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, TO PROVIDE FOR THE APPOINTMENT OF COMMISSION MEMBERS AND THE OPERATION OF THE COMMISSION, AND TO PROVIDE A DEFINITION FOR COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION; AND TO AMEND ARTICLE 10, CHAPTER 7, TITLE 12 OF THE 1976 CODE, RELATING TO INCOME TAX CREDITS, BY ADDING SECTION 12-7-1255 SO AS TO PROVIDE A TAX CREDIT EQUAL TO FIFTY PERCENT OF A TAXPAYER'S INVESTMENT IN A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION, UP TO A MAXIMUM OF TEN MILLION DOLLARS FOR ALL TAXPAYERS FOR ALL TAXABLE YEARS.
Rep. KELLEY moved to recommit the Bill.
Rep. T. BROWN moved to table the motion.
Rep. T. BROWN demanded the yeas and nays, which were not ordered.
The House refused to table the motion by a division vote of 15 to 60.
The question then recurred to the motion to recommit, which was agreed to.
Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, May 12, which was adopted.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The following Bill was taken up.
H. 4462 -- Reps. Limehouse, Klauber, Campsen, Vaughn, McMaster, Cromer, Tripp, Whatley, Harrell, Leach, Witherspoon, Altman, Hamilton, Cato, Stoddard and Easterday: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING ARTICLE 2 SO AS TO PROVIDE THAT THE USE OF DEADLY FORCE IS JUSTIFIED WHEN A PERSON BELIEVES UNLAWFUL FORCE IS BEING USED AGAINST HIM TO COMMIT OR ATTEMPT TO COMMIT THE BURGLARY OR ROBBERY OF A MOTOR VEHICLE; AND BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT WHEN A DEATH RESULTS FROM INJURIES RECEIVED FROM THE DRIVING OF MOTOR VEHICLES STOLEN PURSUANT TO UNLAWFUL FORCE, THEN THE PERSON USING UNLAWFUL FORCE IS GUILTY OF MURDER, AND TO PROVIDE A PENALTY.
Reps. SHEHEEN, HARRISON and JENNINGS proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5620MM.98), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking Section 16-3-90, as contained in SECTION 2, page 4462-1, and inserting:
/Section 16-3-90. When the death of a person proximately results from injuries received during the theft of a motor vehicle stolen pursuant to the use or attempted use of unlawful force against the operator of the motor vehicle, or an individual present in the motor vehicle, then the person using unlawful force is guilty of murder or voluntary manslaughter or involuntary manslaughter and, upon conviction, must be punished pursuant to the provisions of Section 16-3-20 or 16-3-50 or 16-3-60./
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22099CM.98), which was tabled.
Amend the bill, as and if amended, page 4462-2, SECTION 2, by striking SECTION 2 in its entirety and inserting:
/SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-90. When the death of a person proximately results from injuries received during the theft of a motor vehicle stolen pursuant to the use or attempted use of unlawful force against the operator of the motor vehicle, or an individual present in the motor vehicle, then the person using unlawful force is guilty of murder and, upon conviction, must be punished pursuant to the provisions contained in Article 1, Chapter 3, Title 16."/
Amend title to conform.
Rep. ALTMAN moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Battle Bauer Beck Bowers Brown, G. Brown, H. Campsen Cato Cave Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McGee McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Brown, T. Canty Gourdine Hines, M. Howard Lee Lloyd Scott Smith, F.
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber and I would have voted yes on the passage of H. 4462.
Rep. CONVERSE A. CHELLIS III
Rep. HOWARD moved that the House recur to the morning hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 5128 -- Rep. J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-400 SO AS TO ESTABLISH A PROCEDURE TO BE FOLLOWED IN HAVING REPAIRS MADE TO A DAMAGED MOTOR VEHICLE UNDER AN AUTOMOBILE INSURANCE POLICY WITH RESPECT TO PARTS, AND PERSONS AND FACILITIES MAKING THE REPAIRS, TO PROHIBIT CERTAIN ACTS, TO AUTHORIZE THE PROMULGATION OF REGULATIONS, AND TO ESTABLISH A CRIMINAL OFFENSE AND A PENALTY.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 5129 -- Reps. Whipper and Howard: A CONCURRENT RESOLUTION CONGRATULATING MRS. BESSIE BRANCH MURRAY OF RICHLAND COUNTY ON BEING SELECTED AS THE CHAPPELLE MEMORIAL AFRICAN METHODIST EPISCOPAL CHURCH'S MOTHER OF THE YEAR FOR 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. KENNEDY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5077 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 18, 1998, AND FRIDAY, JUNE 19, 1998.
H. 5078 -- Rep. Martin: A CONCURRENT RESOLUTION TO DECLARE WEDNESDAY, MAY 13, 1998, AS THE "SOUTH CAROLINA GENERAL ASSEMBLY WOMEN'S CAUCUS DAY" IN CELEBRATION OF THE SIXTIETH ANNIVERSARY OF THE NATIONAL ORDER OF WOMEN LEGISLATORS.
H. 5096 -- Reps. J. Brown, Scott, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO DECLARE MAY 1998 AS "TEENAGE PREGNANCY PREVENTION AWARENESS MONTH".
H. 5106 -- Reps. Carnell, Inabinett, Lloyd and Klauber: A CONCURRENT RESOLUTION DECLARING MAY, 1998, SENIOR CITIZENS MONTH IN SOUTH CAROLINA AND CALLING UPON ALL SOUTH CAROLINIANS TO ATTEND OBSERVANCES OF SENIOR CITIZENS MONTH IN ORDER TO SHOW THEIR APPRECIATION FOR AND GRATITUDE TO OUR STATE'S SENIORS.
At 11:05 A.M. the House in accordance with the motion of Rep. KNOTTS adjourned in memory of Chris Hitopoulos of Richland County, to meet at 10:00 A.M. tomorrow.
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